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Civil Law (Property) Act 2006
418Protection of purchaser of leasehold against forfeiture
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418 Protection of purchaser of leasehold against forfeiture
(1) This section applies in relation to a lease containing a provision (the
insurance provision) requiring the lessee to insure any of the leased
property against loss or damage.
Breach of insurance provisions Part 4.3
(2) An honest purchaser of the leasehold interest under the lease is not
liable to forfeiture, for damages or in any other way for a breach of
the insurance provision that happened before completion of the
purchase if—
(a) the purchaser was given the written receipt of the person entitled
to receive the rent for the last payment of rent owing before
completion of the purchase; and
(b) there was, at the time of completion of the purchase, insurance
that complied with the insurance provision.
(3) This section does not affect any remedy the lessor has against a lessee
for breach of the insurance provision.
Part 4.4 Restriction of effect of licence or waiver by lessor
Part 4.4 Restriction of effect of licence or
waiver by lessor
419 Application—pt 4.4
(1) This part applies to—
(a) a lease for a fixed term, whether or not the lease may be
terminated before the end of the fixed term; and
(b) a lease for the life of the lessee.
(2) This part does not—
(a) apply to a residential tenancy agreement under the Residential
(3) Subsection (2) (b) has effect despite the Legislation Act, section 121